"Some approved of the Working Group’s proposal. Some thought that there should be a higher limit. Some thought that there should be a limit not on the damages or profits claimed, but on the value of the claim as a whole e.g. by reference to the annual sales, or projected sales, of products protected by the IP right (i.e. total sales made by the right owner, its licensee and/or the alleged infringer). Some thought that there should no limit."

Although there was no official limit to the value of a claim that could be brought in the Patents County Court, Judge Birss QC certainly took the value of the claim into account when he transferred Alk-Abello v Meridian Medical [2010] EWPCC 14 to the High Court on 9 Nov 2010 (see my case note of 9 Nov 2010).

"In relation to all proceedings within the special jurisdiction of a patents county court and in which a claim is made for damages or an account of profits, the amount or value of that claim shall not exceed £500,000."

Art 2 (2) excludes from the value of the claim interest other than that payable under an agreement and costs.

There are also to be transitional measures in art 3 to cover claims that exceed that amount brought or transferred before these rules come into force. That date is likely to be 14 June 2011.

Anyone who wants to discuss this draft statutory instrument or intellectual property litigation generally can call me on 0800 862 0055 or through my contact form.